Personal Injury Law Firm in New York and Seattle

Construction fall claims

Construction site accidents are amongst the most dangerous of accidents. They can lead to devastating injury and serious hurt for honest workers. If you have been injured in an accident like this, we can help. 

New York Construction Fall Claims 

Construction sites are among the most dangerous of workplaces. With the potentially dangerous machinery and environments involved, it is no wonder that hundreds are injured on these sites every year. 

According to the Occupational Safety and Health Administration (OSHA), even though workplace injuries have declined in the past two decades, 1 in 10 construction workers are still injured every year. 

If you have been injured in a construction site accident, you may have the right to claim and recover compensation. New York law and OSHA regulations require that work environments must be maintained in safe conditions. Employees should have appropriate safety gear and the construction site should maintain standard safety practices. 

But as we see so often, many times employers cut corners on important safety measures. And when this happens, innocent people suffer. If you have been put in this position, we can help you at Oshan and Associates. 

As a construction worker, we understand how physically challenging your job can be. We know how detrimental an injury can be since your livelihood depends on your body being in top condition. This is why we are committed to providing direct, aggressive advocacy to help you recover fair compensation. 

If you were the victim of a construction accident, contact us immediately to get an experienced New York construction accident attorney working on your behalf. 

Causes of construction fall accidents 

Construction fall accidents happen due to innumerable reasons. In most cases, these accidents occur due to the default of one or more parties. Some of the causes of these accidents include: 

  • Cutting corners: Although work and construction sites are expected to implement standard safety practices, these are not always followed. Perhaps because the general contractor feels compliance is too expensive or because they are simply lax about proper standards, injuries may occur in these environments. 
  • Lack of safety equipment: Workers are expected to use standard safety equipment especially at construction sites. Apart from standard-issue hard hats, all employees should have appropriate protection from all the general hazards that may occur at the work site. Unfortunately, this is not always provided, leading to injury.  
  • Poor safety policies: Other times, it may simply be that the health and safety manager failed to implement the right policies. This is unacceptable because when lapses of this nature occur, people suffer. If you were injured due to the lapses of a safety official, contact us to learn how you can pursue and recover compensation. 
  • Negligence: Simple negligence is often the most common cause of accidents, and this is the same for construction fall accidents. The negligence could be that of a co-worker, a superior or an official. In any of these cases, a victim would be entitled to sue should injury occur. 
  • Product defect: In some rare instances, accidents happen at construction sites due to defects in the machinery or equipment. For instance, a crane that buckles under half the load it is expected to carry will fall within the category of defective products. If injury results, the victims would be entitled to seek compensation. 
  • Third-party fault: Although they seem straightforward, construction sites can often be a confusing mass of different contractors. Most of these usually bring along their own workers too, potentially confusing the landscape for compensation. However, even in cases where an injury is caused by a third party, we can assist victims to claim and recover compensation. 

Common injuries that occur in construction accidents 

Due to the dangerous collection of chemicals, machinery and equipment at a construction site, a frightening collection of injuries can occur. Many of these will be devastating, and often turn out life-threatening. The injuries that can occur on these sites include: 

  • Broken bones 
  • Fractures 
  • Dislocated limbs 
  • Sprained ankles and arms 
  • Wrenched sockets 
  • Abrasion and lacerations 
  • Potential injury to sensitive organs such as the eyes
  • Head injuries caused by falling objects

In many cases, these injuries will require urgent and long-term medical care. They may also require rehabilitation for long periods that will keep the victim away from work for a long time. 

Who can be held liable for your injuries

Although this is usually straightforward in most other cases, things are a bit different in construction fall cases. Due to the fact that construction sites will often involve several unrelated outfits working together, there are a number of parties that can be held liable for an accident. 

The general contractor can be held liable for instance. This would especially be the case if the contractor employed you or if they were responsible for the general condition of the construction site. 

Then again, the general manager may be held liable instead. One of the first things we will do as your counsel is to listen carefully to your story in order to pinpoint the potentially liable parties. 

In some circumstances, we may advise that you also seek damages from equipment manufacturers or even the owner of the building or structure. Manufacturers that supply defective equipment to a construction site may be held responsible if their products caused injury. 

In all circumstances, we will be monitoring the case closely to determine what parties are at fault and where your best chances for compensation lie. 

Possible routes to compensation 

The most common route that victims of construction site accidents to recover compensation is by filing a worker’s compensation claim. As a statutorily guaranteed relief for injured workers, this route can provide a readily accessible way to recover compensation. However, you should note that there are limitations. 

For instance, workers’ compensation will not reimburse injured workers for lost earnings associated with wages, pension or annuities. They will not reimburse for vacation funds, social security disability or loss of household services either. 

It may be possible to explore the possibility of a third-party lawsuit instead. In this instance, a case may be filed against an at-fault third party and their employer to sue for economic and non-economic damages. 

With our more than 20 years’ experience assisting clients in all kinds of personal injury claims, we can help you determine the best path to compensation. 

Types of compensation that can be recovered

After filing a third-party suit on your behalf, we may be able to recover additional money to compensate you for your injuries. This may include compensation for: 

  • Lost wages 
  • Medical expenses and rehabilitation 
  • Out of pocket expenses
  • Loss of value of household services 
  • Loss of consortium if your spouse, child or parent has been negatively affected by your injury 
  • Pain and suffering 

We can help you 

Employers have a duty to uphold under the law and when they fail to do so, we can help you hold them to account. If you have been injured in a construction accident, our experienced New York construction accident attorneys can help. 

Contact us at Oshan and Associates today for an accurate understanding of your rights and the options open to you. We are available on phone and email 24 hours of the day, 7 days a week.